I 

114TH CONGRESS 

2D SESSION H. R. 4321 

To provide that any executive action that infringes on the powers and duties 

of Congress under section 8 of article I of the Constitution of the 

United States or on the Second Amendment to the Constitution of 

the United States has no force or effect, and to prohibit the use of 

funds for certain purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2016 

Mr. STUTZMAN (for himself, Mr. BOUSTANY, Mr. BRADY of Texas, Mr. CARTER of Georgia, Mr. CULBERSON, Mr. GOSAR, Mr. GUINTA, Mr. 

HUELSKAMP, Mr. FLORES, Mr. LOUDERMILK, Mr. FINCHER, Mr. JODY

B. HICE of Georgia, Mr. LAMALFA, Mr. RATCLIFFE, Mr. SCHWEIKERT, 

Mr. ZINKE, Mr. BRIDENSTINE, Mr. FRANKS of Arizona, Mr. JOYCE, Mr. 

TOM PRICE of Georgia, Mr. BROOKS of Alabama, Mr. BYRNE, Mr. CONAWAY, Mr. JOHNSON of Ohio, Mr. GROTHMAN, Mr. NEWHOUSE, Mr. 

COLE, Mr. BURGESS, Mr. PALAZZO, Mr. PALMER, Mr. MILLER of Florida, Mr. WESTERMAN, Mr. ROUZER, Mr. ROGERS of Alabama, Mr. SESSIONS, Mr. MULLIN, Mr. WALKER, Mr. BABIN, Mrs. BLACKBURN, Mr. 

POE of Texas, Mr. ADERHOLT, Mr. WEBER of Texas, Mr. SHIMKUS, Mr. 

DUNCAN of Tennessee, Mr. GRAVES of Missouri, Mrs. LUMMIS, Mr. 

BUCSHON, Mr. LUCAS, Mr. BARTON, Mrs. WALORSKI, Mr. COLLINS of 

New York, Mr. HARPER, Mr. HULTGREN, Mr. GIBBS, Mr. ROONEY of 

Florida, Mr. LAMBORN, Mr. CHABOT, Mr. WALBERG, Mr. LABRADOR, 

Mr. WILSON of South Carolina, Mr. BENISHEK, Mr. ABRAHAM, and Mr. 

LATTA) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To provide that any executive action that infringes on the 

powers and duties of Congress under section 8 of article 

I of the Constitution of the United States or on the 


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Second Amendment to the Constitution of the United 

States has no force or effect, and to prohibit the use 

of funds for certain purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Separation of Powers 

5 Restoration and Second Amendment Protection Act’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that any executive action 

8 issued by the President before, on, or after the date of 

9 enactment of this Act that infringes on the powers and 

10 duties of Congress under section 8 of article I of the Con11 stitution of the United States or the Second Amendment 

12 to the Constitution of the United States, or that would 

13 require the expenditure of Federal funds not specifically 

14 appropriated for the purpose of the executive action, is 

15 advisory only and has no force or effect unless enacted 

16 as law. 

17 SEC. 3. DEFINITION OF EXECUTIVE ACTION. 

18 In this Act, the term ‘‘executive action’’ includes an 

19 Executive order, memoranda, proclamation, or signing 

20 statement. 

21 SEC. 4. VITIATION OF EFFECT OF EXECUTIVE ACTION. 

22 Any existing or proposed executive action that in23 fringes on the powers and duties of Congress under section 


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1 8 of article I of the Constitution of the United States or 

2 the Second Amendment to the Constitution of the United 

3 States shall have no force or effect. 

4 SEC. 5. PROHIBITION AGAINST USE OF FUNDS FOR CER5 TAIN PURPOSES. 

6 No funds appropriated pursuant to any provision of 

7 law may be used to promulgate or enforce any executive 

8 action that infringes on the powers and duties of Congress 

9 under section 8 of article I of the Constitution of the 

10 United States or the Second Amendment to the Constitu11 tion of the United States. 

12 SEC. 6. STANDING TO CHALLENGE EXECUTIVE ACTION. 

13 A civil action may be brought in an appropriate dis14 trict court of the United States to challenge the validity 

15 of any executive action which infringes on the powers and 

16 duties of Congress under section 8 of article I of the Con17 stitution of the United States or the Second Amendment 

18 to the Constitution of the United States by the following 

19 persons: 

20 (1) CONGRESS AND ITS MEMBERS.—Any Mem21 ber of the House of Representatives or the Senate, 

22 or either or both chambers acting pursuant to vote, 

23 if the challenged executive action— 


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1 (A) infringes on the powers and duties of 

2 Congress under article I, section 8 of the Con3 stitution of the United States; or 

4 (B) violates the Second Amendment to the 

5 Constitution of the United States. 

6 (2) STATE AND LOCAL GOVERNMENTS.—The 

7 highest governmental official of any State, common8 wealth, district, territory, or possession of the 

9 United States, or any political subdivision thereof, or 

10 the designee of such person, if the challenged execu11 tive action infringes on a power of such State or on 

12 a power afforded to such commonwealth, district, 

13 territory, or possession under any congressional en14 actment or relevant treaty of the United States. 

15 (3) AGGRIEVED PERSONS.—Any person ag16 grieved of the challenged executive action with re17 spect to a liberty or property interest adversely af18 fected directly by the executive action. 

Æ 


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